April 22, 2008

January 13, 2008 was the fourth anniversary of the death of Richard McKeon Young. He died in the surf at Makena State Park. Witnessing Richard’s death prompted me to become involved in the effort to get lifeguards in the park.
Funding was approved by the legislature in 2007, and $406,000 became available July 1, 2007. The plan was for the County of Maui to provide this lifeguard service.

I met with the County personnel who were to handle the implementation of this program on December 21, 2007. Apparently they have had little, if any, dialogue with the Park Superintendent regarding bringing lifeguards into the park. It appears that County personnel have convinced themselves that the County will be liable if every aspect of providing this service is not done correctly from day one, and they are not able to estimate when lifeguard service might be available.

In the meantime, a 59 year old man was drowned at Makena State Park after being pulled out of a rip current on February 24, 2008. And, since July 2007, there have been over forty documented injuries, including 16 neck or back compression injuries, in the surf at Makena State Park.

The amount of people using the beach varies from a few hundred during off-season week days to approximately 1,600 on January 1, 2008. Except for an occasional patrol by Maui County police or DLNR officers on four-wheelers, there is no state or county presence on the beach. People fend for themselves, seeking assistance from others and calling 911.
Each injury is a potential lawsuit against the State for what could be millions of dollars. I am working with a local attorney and some of the families of injured individuals to bring those lawsuits forward.

The other issue needing attention is that of beach and ocean access at Makena State Park.

Hawaii State Law – HRS 115 – mandates citizen’s 24-hour access to the beach and the ocean in Hawaii as a fundamental right.

The beach and ocean access at Makena State Park has been closed nightly since 2004. Prior to 2003, gates did not even exist on this beach access. Closure has been as early as 6 p.m. and as late as 9 p.m. Currently, the beach and ocean accesses are closed at about 7:45 p.m. until 7 a.m. That closure is about 11 hours, or 46% of every day.

The Black Sand Beach access was closed completely from October 15, 2006 until August 20, 2007. The stated reason was a need for special signs, to be provided by the DLNR.

Prior to August of 2006, DLNR personnel were often on the beach or in the parking lot area on Sunday evenings, helping people to enjoy and safely utilize their beach. These DLNR personnel often assisted individual beachgoers in finding their way out after dark, dealt with excessive alcohol consumption or made reports on things like stolen backpacks. The DLNR’s presence was perceived in a very positive light.

But recently the focus seems to have shifted to actively challenging people as to why they are in the park after hours. Individuals that have the misfortune of being on the beach after closing time are subject to ticketing and/or arrest. Cars within the parking area after hours have been ticketed and towed, costing the owners hundreds of dollars.

A number of significant groups are particularly affected by these closures; one group is the local fishermen. Makena is known for its ulua and other species of edible fish. Subsistence fishing is obviously important in sustaining a family in these days of economic decline. Yet, a fisherman will be cited and possibly arrested or subject to having his equipment confiscated. Another such group of regular beach users is the Sunday Drum Circle spectator. On any given Sunday, an average of 300-700 people attend this event; that translates to about 24,000 people a year utilizing this beach and ocean access.

Both the lack of lifeguards and blocked beach access at Makena State Park are issues that affect thousands of people.

Governor Lingle was quite successful in moving the Superferry into operation. Perhaps she could use her administrative skills and political clout to help bring lifeguards to Makena State Park, and keep the gates open there in the immediate future.

You can write to Governor Linda Lingle at Executive Chambers, State Capitol, Honolulu HI, 96813, or to Maui County Mayor Charmaine Tavares, at County of Maui, 200 High Street, Wailuku HI 96793

Dr. George R. Harker